| Matter of Rakow, deceased |
| Motion No: 2012-08568 |
| Slip Opinion No: 2013 NY Slip Op 80540(U) |
| Decided on July 23, 2013 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M159764
E/nl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2012-08568 In the Matter of Lois M. Rakow, deceased. Edwin Miller, petitioner-respondent; Lois Gibson, et al., appellants; Susan G. Komen Breast Cancer Foundation, respondent- respondent; et al., respondent. (File No. 250/09)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated June 27, 2013, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the petitioner-respondent to dismiss an appeal from a decree of the Surrogate's Court, Suffolk County, dated July 16, 2012, for failure to timely perfect.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court.
RIVERA, J.P., BALKIN, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court